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Ask Guillermo J. Senmartin, Esq. Your Own...

Guillermo J. Senmartin, Esq., Immigration Lawyer

Category: Immigration Law

Satisfied Customers: 97645

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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Guillermo J. Senmartin, Esq. is online now

Hi i have afriend she did asylee with me in the same time and

Resolved Question:

Hi i have afriend she did asylee with me in the same time and got green card.but still she is jobless and get foodstamp and cash for her kids .she get depreesd but she got ajob offer outside usa for one year .what is the maximum time she can be out usa per in mind she was asylee with permeanant residence.thxxx

Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.

Anyone that is a Lawful Permanent Resident (LPR) and is outside of the U.S. for 180 days or more within any 12 month period (not necessarily calendar year) creates a rebuttable presumption of abandonment of residency. That presumption can be rebutted by evidence to the contrary such as filing U.S. taxes, maintaining a home in the U.S. and paying that mortgage or rent, maintaining a U.S. drivers license, U.S. bank accounts with significant movement, etc.

Someone that has been outside of the U.S. for more than 1 year without first having an approved re-entry permit has abandoned their residency and only in very few exceptions (such as serious illness) can they get it back.

So if she plans to be outside for a year or more, she needs to apply on form I-131 for a Re-Entry Permit before leaving the U.S. This will allow her to be outside of the U.S. for up to 2 years maximum. If she needs more time, she can come back to the U.S. before the 2 years expires and apply for a new Re-Entry Permit for 2 more years. Here is a link to the form:

Also, keep in mind that she must NOT travel to her country of persecution or her case could be reopened and she could lose her Residency status.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the often unjust laws which I have no control over) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you feel I have earned one, bonuses are always appreciated. To request me in the future, make sure you type: FOR GUILLERMO on the subject line. Thank you!

My question is she got green card due to asylee what is the maximum amount she is out us.If she asylee without green card and has travel document also what is the maximum time she could be out usa.thanks

The same as any other Resident. She should not be outside for more than 180 days unless she gets a Re-Entry Permit first, then she can stay out for up to two years. She is just like any other U.S. Lawful Permanent Resident. She doesn't get special treatment because she is an Asylee. In fact, she has one additional restriction that other Residents do not have and that is that she cannot go to her home country anymore unless she becomes a U.S. Citizen. Then she can go to any place she likes and stay outside as long as she likes and she would not lose U.S. Citizenship. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

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